Nigeria Award05-045B

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05-045B Award
Oct. 12, 2005
Nigeria

FETTIG AND DONALTY INC ANNOUNCE NIGERIA FFP 05-045B FREIGHT TENDER RESULTS


ACCOUNT:    PARTNERS FOR DEVELOPMENT
OWNERS:    SEABOARD OVERSEAS, LTD
VESSEL:    CY FLAG "ATLANTIS PRIDE"
CARGO:    9,000 MT MIN/MAX BULK SOYBEAN MEAL
LOAD:        1/2 SB EACH 1/ 2 SP U.S. GULF
LAYDAYS:    OCTOBER 25-NOVEMBER 3, 2005
DISCHARGE:    1/2 SB EACH LAGOS AND/OR SAPELE, NIGERIA
FREIGHT:    USD 90.00 PER MT BASIS ONE DISCHARGE PORT
        USD 95.00 PER MT BASIS TWO DISCHARGE PORTS
        ADD USD 5.00 PER MT FOR SECOND LOADPORT IF USED
TERMS:    SCALE GROSS LOAD / 600 MT PD FREE OUT


FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC AT
202-628-5700

05-045B  Tender
September 22, 2005
Nigeria

Freight Tender: FOOD FOR PROGRESS PROGRAM SOYBEAN MEAL TO NIGERIA
FETTIG & DONALTY ISSUE FREIGHT TENDER UNDER THE
FOOD FOR PROGRESS PROGRAM FOR TRANSPORT OF SOYBEAN MEAL IN BULK TO NIGERIA
============================================================
IFB NUMBER - NIGERIA-FFP-05-045B
F&D NO: PD26

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR PARTNERS FOR
DEVELOPMENT (PFD) ANNOUNCE A FREIGHT TENDER, UNDER THE FOOD FOR PROGRESS
PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS (OCEAN GOING TOWED BARGES
ARE EXCLUDED) AS FOLLOWS:

1. COMMODITY/QUANTITY: 9,000 MT MIN/MAX SOYBEAN MEAL IN BULK.

OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN
THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY
STATED IN THIS TENDER.
-CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.
ANY ADDITIONAL COMPLETION CARGOES MUST BE DULY SEPARATED AND MUST BE
COMPATIBLE AND NON-INJURIOUS TO PFDS CARGO AND MUST BE DETAILED IN OFFER OR
APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF PFDS CARGO.
VESSEL'S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE
TAKEN INTO CONSIDERATION BY CHARTERERS/USDA IN APPROVAL OF SUCH PART
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF CARGO TO NIGERIA.
NATURAL SEPARATIONS ARE PREFERABLE WITH ANY ARTIFICIAL SEPARATIONS TO BE
APPROVED BY THE NCB.

2. LAYDAYS: OCTOBER 25-NOVEMBER 3, 2005

OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE THE
RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL.
VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED ABOVE WILL
NOT BE CONSIDERED.

3. NON U.S. FLAG VESSELS SHOULD NOT BE OLDER THAN 15 YEARS AND MUST BE A
SINGLE DECK BULK CARRIER WITH MIN 8 TON GEAR OR SELF DISCHARGING, CLASSED
HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT
REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL'S AGE,
CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR OWNERS ACCOUNT,
BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG VESSELS AND LONDON
MARKET RATES FOR NON U.S. FLAG VESSELS.

VESSEL TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSELS' READINESS TO LOAD.
PRE-ADVICE MUST BE RECEIVED BY FETTIG & DONALTY BY LATEST 11:00 HRS.
WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED
ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M. WASHINGTON D.C. TIME ON A
REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE CONSIDERED RECEIVED ON
THE NEXT BUSINESS DAY.

4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.
THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:
MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE
COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO

5. DISCHARGING: 1/2 BERTHS EACH LAGOS AND/OR SAPELE, NIGERIA AT CHOPT.

DISPORT INDICATION: 2,000 MT TO LAGOS / 7,000 MT TO SAPELE

FOR GUIDANCE ONLY AND WITHOUT GUARANTEE, PORT RESTRICTIONS/LIMITATIONS AT
LAGOS AND SAPELE (WOG) ARE AS FOLLOWS:

LAGOS: MAX ARRIVAL DRAFT 9.75 M BRACKISH
MAX LOA 185 M

SAPELE: MAX ARRIVAL DRAFT 5.95 M FRESH WATER
MAX LOA 170 M

VESSELS DEVIATING FROM THE ABOVE LIMITATIONS WILL BE CONSIDERED BASIS FULL
OR PARTIAL LIGHTENING. OWNERS ARE SOLELY RESPONSIBLE FOR VESSEL MEETING
BERTH RESTRICTIONS AT RESPECTIVE DISPORTS.

6. FREIGHT RATE: TO BE QUOTED PER METRIC TON VESSEL LOAD/FREE DISCHARGE
BASIS ONE LOADPORT TO ONE DISCHARGE PORT. ADDITIONAL FREIGHT PER MT ON
ENTIRE CARGO FOR EACH ADDITIONAL LOADPORT/BERTH, IF USED, TO BE STATED
SEPARATELY. IF OWNER INTENDS TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST
OF LIGHTENING, WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING
IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH,
USDA WILL DEDUCT COST OF LIGHTENING FROM OCEAN FREIGHT.

7. IN THE EVENT OF FULL LIGHTENING, LAYTIME TO COMMENCE AT 0800 HRS. NEXT
DAY AFTER DAUGHTER VESSEL HAS PRESENTED NOTICE OF READINESS TO DISCHARGE.
IN THE EVENT OF PARTIAL LIGHTENING, VESSEL WILL NOT BE CONSIDERED READY
UNTIL OWNER HAS ARRANGED LIGHTENING AND VESSEL REACHES SAFE DRAFT. ALL TIME
LOST BEFORE VESSEL REACHES A SAFE DRAFT, WILL NOT COUNT AS LAYTIME USED.
LAYTIME IS NOT TO COMMENCE PRIOR TO 0800 ON THE NEXT WORKING DAY FOLLOWING
COMPLETION OF PARTIAL LIGHTENING AND PRESENTATION OF VALID NOTICE OF
READINESS TO DISCHARGE. MOTHER VESSEL AND LIGHTER(S) TO TAKE TURNS AT
DISCHARGE AND TIME ON SECOND AND SUBSEQUENT VESSELS NOT TO COUNT UNTIL
PREVIOUS VESSEL IS COMPLETED DISCHARGING.

FREIGHT PAYMENT:
8. 100% PAYABLE IN ACCORDANCE WITH CHARTER PARTY TERMS AFTER VESSEL'S
ARRIVAL AT THE DISCHARGE PORT. PLEASE REFER TO CLAUSE 27 OF THE CHARTER
PARTY REGARDING FREIGHT PAYMENT. THE ORIGINAL OFFICIAL STOWAGE EXAMINATION
CERTIFICATE AND 1 (ONE) SIGNED COPY (PHOTOCOPY NOT ACCEPTABLE) ARE TO BE
FURNISHED TO THE CHARTERERS AGENT WITHIN 2 (TWO) DAYS OF INSPECTION.

9. TERMS AND CONDITIONS:
-LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY
DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON VESSEL'S CONTRACTED
QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER WEATHER WORKING DAY
OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF
USED. ANY STOWING AND/OR TRIMMING TO BE FOR OWNERS ACCOUNT.

BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19999.99 MT 5000 MT PER DAY
20000 - 29,999.99 6000 MT PER DAY

TWEENDECKERS (U.S. FLAG ONLY): THE LOAD RATE GUARANTEE SHALL BE 3,000 MT PER
DAY

LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.
LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY
SUPPLIER(S) AT LOAD PORT(S). LAYTIME CALCULATION, OVERTIME AND TRIMMING TO
BE IN ACCORDANCE TO ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN
ASSOCIATION, INC. F.O.B. CONTRACT NO. 2 (REVISED AS OF MAY 1, 2000) CLAUSES
NO. 1-10 INCLUSIVE, (HEREINAFTER N.A.E.G.A.) REGARDLESS OF TYPE OF VESSEL.
FURTHER THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL APPLY: ANYWHERE THE
WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER" SHOULD BE SUBSTITUTED IN ITS
PLACE. UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS BE RESPONSIBLE FOR
RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF
DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNERS AND THE COMMODITY
SUPPLIER(S). ANY/ALL DISPUTES BETWEEN VESSEL OWNERS AND THE COMMODITY
SUPPLIER(S) ARISING OUT OF THIS CONTRACT RELATING TO THE SETTLEMENT OF
LAYTIME ISSUES SHALL BE ARBITRATED IN NEW YORK SUBJECT TO THE RULES OF THE
AMERICAN ARBITRATION ASSOCIATION OF NEW YORK.

10. DISCHARGE TERMS: CARGO IS TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO
THE VESSEL, AT THE AVERAGE RATE OF 600 MT OF 2,204.6 POUNDS FOR BULK
CARRIERS AND AT THE AVERAGE RATE OF 500 MT OF 2,204.6 POUNDS FOR
TWEENDECKERS (U.S. FLAG ONLY), PER WEATHER WORKING DAY OF 24 CONSECUTIVE
HOURS WITH SATURDAYS, SUNDAYS, CHARTER PARTY HOLIDAYS AND HOLIDAYS EXCEPTED,
EVEN IF USED.

LASH/SEABEE BARGES: THE DISCHARGE GUARANTEE SHALL NOT APPLY.

- CHARTERER/RECEIVERS TO APPOINT AND PAY STEVEDORES AT PORTS OF DISCHARGE.
- OWNERS TO SPECIFY DEM/DES RATES AT LOAD AND DISCHARGE PORT IN OFFER.
DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS
NON-REVERSIBLE.
- NOTICE OF READINESS IN WRITING SHALL BE DELIVERED AT THE OFFICE OF THE
RECEIVER/HIS AGENTS BETWEEN 0800-1700 HOURS MONDAY THROUGH FRIDAY EXCL
HOLIDAYS.
- LAYTIME TO COMMENCE AT 0800 HOURS THE NEXT WORKING DAY AFTER NOR IS
TENDERED. PRIOR TIME USED BEFORE COMMENCEMENT OF THE LAYTIME NOT TO COUNT.
LAYTIME WILL STOP COUNTING ON FRIDAY AT 1700 AND RESUME ON MONDAY AT 0800.
- ALL TIME USED FOR DISCHARGE OF OTHER CARGOES AT DISPORTS SHALL BE EXCLUDED
FROM LAYTIME AND DEMURRAGE.
- VESSEL TO PROVIDE GEAR AS NECESSARY FOR DISCHARGE. GUIDANCE WOG: MIN 8 TON
GEAR OR SELF DISCHARGING VESSEL.

11. OWNER'S TO APPOINT AND PAY FOR THE CHARTERERS NOMINATED AGENT AT
DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

12. VESSELS OVER 15 YEARS OF AGE AND ITB'S TO PROVIDE ADDITIONAL
CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER
OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY
OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.
OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL
OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S
COSTS PRIOR TO SUBMISSION OF THE OFFER.
U. S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE CONSIDERED.
IF MARAD APPROVAL OF VESSEL IS REQUIRED, SAME MUST BE OBTAINED PRIOR TO
SUBMISSION OF OFFER.
U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN
THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT
THE ORIGINAL APPROVED VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER
COST VESSEL TO THE U.S. GOVERNMENT.
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS THAN FULL
CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARAD FREIGHT
RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.
NON VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.
S. OR FOREIGN FLAG SHIPMENTS.
U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATE
FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL IS EITHER SCRAPPED OR
VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER OWNER AFTER DISCHARGE AT
DESTINATION, BUT PRIOR TO ITS RETURN TO THE UNITED STATES.
-OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:
NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED
DRAFT, GEAR, SPEED AND NO. OF HOLDS/HATCHES.

13. ISM /ISPS:
CARRIER/OWNER GUARANTEES THAT THIS VESSEL, IF REQUIRED BY THE ISM (NON
SELF-PROPELLED BARGES ARE EXEMPT), AND ISPS CODE ISSUED IN ACCORDANCE WITH
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (1974) AS AMENDED
(SOLAS) COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE
AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY (ISPS) CODE AND WILL
REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THIS BOOKING NOTE. UPON
REQUEST, CARRIERS TO PROVIDE SHIPPERS WITH A COPY OF THE RELEVANT DOCUMENT
OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARD TO THE
ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO
THE ISPS CODE. CARRIERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL
CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE CARRIER OR THE VESSEL
BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

14. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC
LAW 105-383 (46 U.S.C. SECTION 3202 (E)) ESTABLISHES, EFFECTIVE JANUARY 1,
1999, WITH RESPECT TO NON-U.S. FLAG VESSELS AND OPERATORS/OWNERS, THAT
SUBSTANDARD VESSELS AND VESSELS OPERATED BY OPERATORS OF SUBSTANDARD VESSELS
ARE PROHIBITED FROM THE CARRIAGE OF GOVERNMENT IMPELLED (PREFERENCE)
CARGO(ES) FOR UP TO ONE YEAR AFTER SUCH SUBSTANDARD DETERMINATION HAS BEEN
PUBLISHED ELECTRONICALLY. AS THIS MAY BE PREFERENCE CARGO, OWNERS HEREBY
WARRANT THAT VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THIS CARGO.

FOR NON-U.S. FLAG OFFERS, ONLY FIRM OFFERS WILL BE CONSIDERED. U.S FLAG
"SUBJECT OPEN" OFFERS WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN"
RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME SEPTEMBER 29,
2005.
COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERERS AGENT, IF OFFERED
DIRECT. IF BROKER INVOLVED, 2/3 OF 2.5% TO CHARTERERS AGENT AND 1/3 OF 2.5%
TO BROKER.
THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE
OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX
TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NW; SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND REGULATIONS OF
THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA APPROVAL.
OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS SEPTEMBER 28, 2005 FOR
REPLY 1700 HRS SEPTEMBER 30, 2005. TELEFAX OFFERS WHICH START PRINTING BY
1100 HRS SEPT 15, 2003 AND CONTINUE TO PRINT PAST THAT TIME, WILL BE
CONSIDERED AS BEING RECEIVED ON-TIME.
-ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THAT TIME.
ONLY OFFERS THAT ARE RESPONSIVE TO THE TERMS OF THE TENDER WILL BE
CONSIDERED AND NO NEGOTIATION WILL BE PERMITTED.
-OTHERWISE TERMS AND CONDITIONS IN ACCORDANCE WITH PFD PROFORMA CHARTER
PARTY FOR BULK GRAIN (COPIES OF WHICH ARE AVAILABLE ON REQUEST).
FOR FURTHER INFORMATION, CALL FETTIG & DONALTY AT 202 628 5700
FETTIG & DONALTY, INC., AS AGENTS FOR PARTNERS FOR DEVELOPMENT

ISSUED SEPTEMBER 22, 2005